In cases of nursing home abuse or neglect, the resident him or herself, or their family members, may file a lawsuit for damages. In many cases the family will have to take on the project, because of the mental or physical condition of the loved one in residential care. Children and spouses of a resident who has been abused or neglected in a care facility are common initiators of legal action in these cases. Nursing home abuse and neglect is an increasing problem for our society. As our lifespans extend, more and more of us will need help in our later years, and it’s incumbent on all of us to ensure that the highest standards of care are in place for our loved ones and, later, for ourselves. At The Gertler Law Firm, we’ve helped clients in New Orleans for more than 30 years, and helped injured people recover more than $100…Read More
One of the big problems in abusive nursing home situations is that residents may fear for their safety or may fear being evicted from the home if they report a nursing home staff member or alert authorities to the problems. While in New Orleans, nursing homes are prohibited by law from retaliating against residents who report abuse, that can be cold comfort to a frightened loved one in a stressful situation where they may feel powerless. A nursing home resident should never live in fear of the staff or the facility itself, and the State of Louisiana has regulatory organizations that take claims of nursing home abuse and neglect very seriously, and advance investigations promptly. Typically, the resident or a loved one is expected to notify the administration of the nursing home, who will then notify regulators, but some cases may need to be approached differently. If a staff person or the policies of…Read More
Nursing homes are not allowed to keep you from seeing and visiting with your loved one in residential care. In fact, if you suspect that a nursing home is creating unreasonable obstacles to your visits, it may be a sign of abuse, neglect, or exploitation of your loved one. While the nursing home has the right to create reasonable hours for visitation by family members or guests, after that, only residents themselves have the right to restrict who their visitors are. If you have concerns for the welfare of a loved one in a nursing home in New Orleans, it’s important that you act right away to address your worries. Our seniors are a vulnerable population and extremely prone to various types of abuse and misuse by unscrupulous people charged with taking care of them. You have a right to visit with your loved one and confirm that they are healthy,…Read More
When Nursing Homes Mishandle Or Steal Money Or Valuables When you see indications that a nursing home in New Orleans has been impeding your loved one’s freedom to make personal financial decisions, you really should act immediately. Under Louisiana’s Nursing Home Residents’ Bill of Rights, those under the care of a nursing home facility retain the right to manage their own financial affairs, and a nursing home may only be authorized to make decisions for funds held in trust by the home for the resident. That said, nursing homes and their staff have significant power to exert influence and even coerce residents into decisions that may not be in the resident’s best interest. If a nursing home is taking advantage of your parent’s money, you should talk to a lawyer right away to protect your loved one from an unscrupulous nursing home or its staff members. Protecting our elderly loved ones from…Read More
Liability in nursing home abuse cases typically falls onto the nursing home itself, though it’s also possible for individual staff people to be personally liable, both in civil and criminal court. Employees of nursing homes have obligations to the home’s residents that are codified in the law, and nursing homes have an oversight obligation when it comes to the people they employ, starting with properly vetting potential hires, properly training new hires, and monitoring performance during their employment. Nursing homes that create a culture where signs of an out of control staffer are not being reported can face significant penalties. The most important thing is to make sure that you or your loved one in a nursing home in New Orleans are safe and are receiving the level of care required. Wherever liability may fall, you should take action right away to stop abusive conditions in a nursing home, which rarely affect…Read More
It’s not an easy decision to have to put a family member into a nursing home. Naturally, you want to make sure that the care you arrange for your loved one is based on professionalism and dignity. Appearances can be deceiving, and a nursing home that looks above-board may not be providing the level of care they’ve promised. Or, members of staff working there may not be as professional as they seem. These deceits can lead to your loved one’s wrongful death. Should you and your family find yourself in this painful situation, there are two things you can do right away: educate yourself, and hire the right people to help you. Since 1975, Gertler Accident and Injury Lawyers have fought for the people of New Orleans and other areas of Louisiana on wrongful death cases. A “wrongful death” is defined simply as a death that could have been prevented…Read More
There’s no way to know how long a nursing home suit might take to reach a settlement, or whether it will likely end up in court, without first reviewing all the facts. In many instances, insurance companies are quick to try to settle a claim, and the matter may be resolved in a timeframe of weeks to months. In others, the issues may be less clear cut, or the nursing home itself or its insurers may believe there is an advantage to delaying things, which can mean a significantly longer period before you can be compensated for losses and damages. An experienced New Orleans nursing home abuse lawyer can help you evaluate the specific circumstances in your case and give you a much more clear sense of how long it may be before you receive just compensation for abuse, neglect, or exploitation in a nursing home setting. At The Gertler Law Firm,…Read More
You’ve made the difficult decision of putting your loved one into the care of a nursing home. You did the research, you visited the facilities, met the staff, and left with the impression that this would be the right place to trust. It’s only right to expect peace of mind. Sadly, in New Orleans, there are many cases of elder abuse that begin after the doors close behind you. According to the WHO, 1 in 6 people over the age of 60 experienced abuse in the last year in community settings, which includes nursing homes. Rates only increased during the pandemic. Financial abuse, one of the major types of elder abuse, resulted in an estimated $36.5 billion in 2021 according to the National Council on Aging. With a majority of cases going unreported, it’s hard to know the true extent of the problem. If you have witnessed or believe there is abuse at your loved one’s…Read More
Every injury claim and nursing home abuse suit is different, with its own set of facts, damages, and types of unlawful conduct from perpetrators. Your attorney will help you weigh the various factors involved, including the form of abuse that’s been inflicted at the nursing facility, the specific injuries involved, the duration of the abuse, and any current medical costs. Your lawyer can also help you figure into your case any future medical costs related to the abuse, awards for pain and suffering, punitive damages in some cases, and any other relevant elements. While the most obvious and most egregious forms of abuse are physical in nature, nursing home residents in New Orleans are also specifically protected from abusive conduct like financial exploitation, coercive taking of property, and more. There’s no one answer to what a nursing home abuse lawsuit is worth, but you’re far more likely to receive just compensation for…Read More
What To Do When Nursing Home Administrators In New Orleans Ignore You When patients in a nursing home, or their loved ones, complain to a nursing home administrator about problems at the facility, they are obligated to report the complaint to state regulators, who will then investigate the allegations. At least, that’s how the process is supposed to work. If you suspect that your nursing home complaints are falling on deaf ears and that the proper channels for resolution of problems aren’t being utilized, then you may need to take matters into your own hands. Protecting our seniors living in residential care is a vital public interest. When a nursing home displays signs of unsanitary conditions, inadequate staffing, poorly trained staff, or worse, actual evidence of neglect or abuse happening on the premises, it’s up to us to fight back for our loved ones. When your complaints about conditions in a…Read More
